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Court Infers Nature of Goodwill From Nature of Business

Appeals court affirms trial court’s valuation, which implicitly assigned goodwill to business, finding that since the company was not a professional practice it is likely that the company’s, rather than the owner spouse’s, reputation brings in business.

Rabe v. Rabe (II)

Appeals court affirms trial court’s valuation, which implicitly assigned goodwill to business, finding that since the company was not a professional practice it is likely that the company’s, rather than the owner spouse’s, reputation brings in business.

Divorce Court Discredits Experts for Manipulating Data

Divorce court finds that husband manipulated assets of trucking company during divorce to lower its net asset value, and discredits husband’s expert for relying on manipulated data and applying a 10% marketability discount.

In re the Marriage of Hoker

Divorce court finds that husband manipulated assets of trucking company during divorce to lower its net asset value, and discredits husband’s expert for relying on manipulated data and applying a 10% marketability discount.

Divorce Court Applies 35% Minority Discount to 50% Interest in Going Concern

Montana high court rejects 35% minority discount to husband’s half interest in a closely held, family business, which he owned with his father and had equal say over operations, management, and application of funds.

In re Marriage of Williams

Montana high court rejects 35% minority discount to husband’s half interest in a closely held, family business, which he owned with his father and had equal say over operations, management, and application of funds.

Rabe v. Rabe (I)

Divorce court discredits expert valuation for failure to independently verify information provided by the owner/husband.

Try Hours, Inc. v. David L. Swartz, et al.

The Court of Appeals of Ohio reversed the trial court’s granting of summary judgment for defendants on the basis that plaintiff’s damages were speculative and that the methodology used by plaintiff’s expert to calculate lost profits was flawed. The reviewing court found that the damages calculation gave rise to genuine issues of material fact that precluded the summary dismissal of plaintiff’s claims.

A ‘Silent’ Record on Goodwill Spells Remand

Good reminder for appraisers (and attorneys) to make sure distinction between profession/personal and enterprise goodwill makes it into the court record.

ERISA Does Not Shield ESOP Appraiser From State Professional Liability Claims

Federal court finds that ERISA does not shield ESOP valuation firm from professional liability claims in state court.

Smith v. Smith

Good reminder for appraisers (and attorneys) to make sure distinction between profession/personal and enterprise goodwill makes it into the court record.

Denkinger et al. v. Clark et al. and Ameritas Investment Corp.

Federal court finds that ERISA does not shield ESOP valuation firm from professional liability claims in state court.

Book value acceptable where other factors have been considered

In this marital dissolution, one of the issues was the correct valuation of husband’s family trucking business, comprised of three companies.

In re the Marriage of Walbon

In this marital dissolution, one of the issues was the correct valuation of husband's family trucking business, comprised of three companies.

Erroneous assumptions lead to exclusion of testimony

The issue in this procedurally complex malpractice appeal was the damages caused by attorney’s actions and inactions.

Jarrel v. Miller

The issue is this marital dissolution was the value of a commercial trucking business ...

Trial court’s 'arbitrary value' reversed, remanded

One of the issues in this marital dissolution was the value of husband’s trucking and storage business.

Ketchum v. Ketchum

One of the issues in this marital dissolution was the value of husband’s trucking and storage business, and whether the trial court's valuation was arbitrary.

Business Valuation Based on Asset Appraisals Upheld

During their marriage, the parties had started Sundberg Trucking, Inc . Neither of the parties presented expert witnesses to testify at trial regarding the value of the business. Wife prese ...

Sundberg v. Sundberg

Husband contended that the exhibits supporting wife's testimony should be disregarded because the court did not formally say "received."

Lost Profits Based on Past Transactions Must Show They Were Comparable

The U.S. Court of Appeals for the 1st Circuit affirmed the district court's decision to limit Camar's damages stemming from Preston's loss of Camar's equipment under the Carmack Amendment to the Interstate Commerce Act to its actual damages.

Camar Corporation v. Preston Trucking Company, Inc.

The U.S. Court of Appeals for the 1st Circuit affirmed the district court's decision to limit Camar's damages stemming from Preston's loss of Camar's equipment under the Carmack Amendment to the Interstate Commerce Act to its actual damages.

Husband disputes tardy court-appointed valuation

A court-appointed appraiser provided an appraisal of the couple's business the day before the trial.  The trial court accepted it over husband's objection that he had not had time ...

Walls v. Walls

At issue is the valuation of husband's trucking business and wife's group home business.

Siracusa v. Siracusa

At issue in this case was the value of husband's moving business.

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